A final judgment shall not be reversed or remanded because of the failure of the trial court to make a finding of fact on an issue essential to the judgment unless such failure is brought to the attention of the trial court by a written request for a finding on that issue or by a motion pursuant to Rule 52.02.
Rule 52.04.Failure to make finding on essential issue of fact -- Necessity for request.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceA final judgment won't be reversed or sent back on appeal just because the trial court failed to make a finding on a fact essential to the judgment, unless that gap was flagged to the trial court by a written request for the finding or by a motion under Rule 52.02.
Full Text of Rule 52.04
Amendment History
(Promulgated October 10, 1973, effective March 1, 1974.)
Plain-English Summary
Sometimes a trial court's written findings skip over a fact that matters to the outcome. Rule 52.04 says an appeals court won't reverse or remand a judgment for that gap unless someone first gave the trial court a chance to fill it in.
That means a party who spots a missing finding needs to act while the case is still before the trial court, either by filing a written request asking the court to make the finding, or by filing a motion under Rule 52.02 to add it. Raising the omission for the first time on appeal won't work under this rule.
Frequently Asked Questions
Can I appeal because the judge never made a finding on a key fact?
Only if the omission was first brought to the trial court's attention, through a written request for the finding or a motion under Rule 52.02. Rule 52.04 bars reversal or remand on this ground otherwise.
What should I do if the trial court's findings skip an essential fact?
Rule 52.04 describes two ways to raise it in the trial court: a written request for a finding on that issue, or a motion under Rule 52.02.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 52.04). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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